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S.C. Court of Appeals Unpublished

Domestic Relations – Parent & Child – Visitation – Therapist’s Discretion – Parties’ Agreement (access required)

Heather C. v. Kevin C. It is true that a family court may not allow a guardian ad litem to decide whether a father gets to visit his children; however, the family court’s approval of the parties’ settlement agreement does not equate to a delegation of the court’s authority and responsibility for protecting the interest of minors involved in litigation. The parties, not the family court, decided to allow the children's therapist to determine the father's therapeutic visitation with the children.

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Tort/Negligence – Fraudulent Conveyance Claim – Real Property – Attorneys – Unfair Trade Practices – Sanctions (access required)

Stafford v. Prashad Defendant Satyanand Prashad testified that the Prashads’ purchase of Jerry Yeager’s property was an arms-length transaction and that he had no reason to believe that Yeager was trying to defraud plaintiffs. We find that plaintiffs provided insufficient evidence that the Prashads intended to aid Yeager in an alleged attempt to hinder, delay or defraud plaintiffs.

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Domestic Relations – Parent & Child – TPR Proceeding – Insufficient Showing (access required)

South Carolina Department of Social Services v. Danielle L.H.A. Since two DSS caseworkers testified that the mother supported the child with money and in-kind support throughout the child’s stay in foster care, never going six consecutive months without paying support in some manner, and since the mother’s extensive counseling and drug treatment prevented her from overcoming her financial burdens, the family court correctly found the mother did not willfully fail to support the child.

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Tort/Negligence – Fraudulent Conveyance Claim – Real Property – Attorneys – Unfair Trade Practices – Sanctions (access required)

Stafford v. Prashad Defendant Satyanand Prashad testified that the Prashads’ purchase of Jerry Yeager’s property was an arms-length transaction and that he had no reason to believe that Yeager was trying to defraud plaintiffs. We find that plaintiffs provided insufficient evidence that the Prashads intended to aid Yeager in an alleged attempt to hinder, delay or defraud plaintiffs.

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Arbitration – Motion to Compel – Waiver – Real Property – Mortgages — Commercial Foreclosure (access required)

Wells Fargo Bank, N.A. v. EGIS 521, LLC Defendants did not demand arbitration until approximately 16 months after the commencement of this commercial foreclosure action, after defendants had enjoyed the benefit of discovery, and after the plaintiff-bank had incurred time and expense in engaging in discovery and preparing its motions to compel and for summary judgment.

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Tort/Negligence – Negligent Hiring & Entrustment – Shooting – Proximate Cause – Armed Security Guard (access required)

Portee v. Always Precise Protection Agency & Investigations, Inc. Even though the defendant-employer’s failure to make a reasonable inquiry led it to hire defendant John Portee as an armed security guard and to give him the weapon and ammunition that injured plaintiff Timothy Portee, plaintiffs have not shown that the employer’s alleged negligence was the legal cause of Timothy’s injury.

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Domestic Relations – Parent & Child – Order of Intervention – Sexual Abuse – Chlamydia (access required)

South Carolina Department of Social Services v. Claudia G. Even though the appellant-father argues that he tested negative for Chlamydia immediately following his daughter’s positive test and that he never received medical treatment for Chlamydia, the father’s negative test result and testimony do not warrant ignoring the family court’s finding of abuse.

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Corporate – LLC Debt – Members’ Contributions Members’ Contributions (access required)

Dumit v. Holtzman Although the parties personally guaranteed their limited liability company’s original debt, the refinancing of that debt wiped out the personal guaranties. Because the LLC’s operating agreement prohibits a right to contribution, plaintiff cannot use his relationship with defendant as a member of the LLC to seek contribution. Moreover, plaintiff has not shown the elements necessary to establish contribution independent of his role as an LLC member.

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